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Rebuild NW Florida, Inc.

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

ApplicantFlorida Division of Emergency Management
Appeal Type2nd
Date Signed2017-01-11T00:00:00

1st Appeal

  • Issue
    • Statement of Work (SOW) expansions, budget modifications and Period of Performance (POP) extensions were requested and denied by FEMA. Florida Division of Emergency Management (FDEM) appealed on behalf of the subrecipient on August 2, 2016, and FEMA denied all but one of the requests.
  • Reason for Denial
    • SOWs had contained a maximum number of properties, but as POPs closed the properties mitigated were significantly under SOW maximums.
    • POP requests for extension were submitted after close of POPs.
  • Reference(s)
    • 44 CFR 206.440 Appeals; HMA Guidance Part VI D.4.1 POP Extensions

2nd Appeal

  • Issue
    • FDEM appealed the Regional Office 1st appeal denial on behalf of the subrecipient, on October 13, 2016.
  • FEMA Findings
    • Because the proportion of total properties in approved SOWs that had been mitigated was limited to 37%, FEMA has discretion to not approve the POP extensions.
    • More than $10 million remained available for mitigation projects.
    • HQ upheld the 1st appeal denial, but allowed POP extensions limited to closeout activities affecting DR-1539, DR-1551, and DR-1561.
  • Rationale
    • HQ applied discretion after review of relevant regulations, policy and guidance.
  • References
    • 44 CFR 206.440 Appeals; HMA Guidance Part VI D.4.1 POP Extensions

Appeal Letter

Mr. Bryan W. Koon, Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
   
RE:   Second Appeal – Hazard Mitigation Grant Program (HMGP) Project ID #DR-1539-0172, 1551-0012, 1561-0172 and 1609-0108 Rebuild NW Florida, Incorporated. 

Dear Mr. Bryan W. Koon:
 
This is in response to your letter dated October 13, 2016, which transmitted the referenced appeal on behalf of the Florida Division of Emergency Management (FDEM).  The FDEM, on behalf of Rebuild Northwest Florida Incorporated (RNW), is appealing the Federal Emergency Management Agency’s (FEMA) Regional Office’s decision to deny approval for scope of work (SOW) expansions, budget modifications, and Period of Performance (POP) extension requests.
 
The SOWs for DR-1539-0172, DR-1551-0012, DR-1561-0172 and DR-1609-0108 included a maximum number of properties which allowed batch submission and continuous homeowner application.  On June 24, 2016 FEMA denied the requests for budget modifications and POP extensions.  FDEM submitted the first appeal on August 02, 2016. The FEMA Regional Office responded on September 13, 2016 and upheld the denial with exception of DR 1609-0108.
 
FEMA Headquarters has evaluated the documentation submitted with this appeal from FDEM and the FEMA Regional Office.  After a review of the relevant regulations, policy and guidance relevant to this case, this office upholds the Regional Adminstrator’s decision dated September 13, 2016. 
 
In order to incur eligible costs, I recommend you submit POP extension requests for DR-1539, DR-1551, and DR-1561 for closeout activities, only. 
 
By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination.  My determination is the final decision on this issue in accordance with 44 CFR 206.440, Appeals.

Sincerely,
 
Michael M. Grimm 
Assistant Administrator for Mitigation
Federal Emergency Management Agency

Appeal Analysis

  • The proportion of total properties in approved SOWs that had been mitigated was limited to 37%.
  • FEMA has discretion to not approve POP extensions.
  • Enough funding for the three disasters named in the 2nd appeal decision remained for application limited to closeout activities.
 

 

 
 
Last updated July 31, 2017